In the case of Gitlow v. New York, the Supreme Court ruled that the First Amendment’s protection of free speech extends to state laws. However, the Court also held that the government may impose restrictions on free speech if it is deemed necessary for public safety, as long as these restrictions are not arbitrary or unjust.
Gitlow v. New York is a significant case in the United States Supreme Court that established the application of the First Amendment right to free speech to state laws under the Fourteenth Amendment. This means that individuals cannot have their freedom of speech restricted solely based on their state of residence. However, the Supreme Court also recognized that the freedom of speech is not an absolute right and can be subject to reasonable restrictions imposed by the government in the interest of public safety and welfare. For instance, speech that incites violence or targets a specific group with hate speech can be restricted. It is crucial to emphasize that these restrictions must not be unreasonable or arbitrary. The government cannot curtail freedom of speech simply because it disagrees with an individual’s opinion or seeks to silence them. For example, if someone delivers a speech that encourages acts of violence, the government can restrict it due to the potential threat to public safety. However, if someone expresses their political beliefs through a speech, the government cannot restrict it solely based on disagreement with those beliefs.
The case was about whether the First Amendment’s protection of free speech applied to state governments.
The parties involved were Benjamin Gitlow, a socialist activist, and the state of New York.
The Supreme Court ruled that the First Amendment’s protection of free speech applied to state governments through the Due Process Clause of the Fourteenth Amendment.
The case established the principle of selective incorporation, which means that the Bill of Rights applies to state governments through the Due Process Clause of the Fourteenth Amendment.
Selective incorporation is the principle that the Bill of Rights applies to state governments through the Due Process Clause of the Fourteenth Amendment.
The Due Process Clause of the Fourteenth Amendment states that no state shall deprive any person of life, liberty, or property without due process of law.
The case was a landmark decision that expanded the scope of the First Amendment’s protection of free speech to state governments.
The case established the principle of selective incorporation, which has been used to apply other provisions of the Bill of Rights to state governments.
The First Amendment protects freedom of speech, religion, press, assembly, and petition, while the Fourteenth Amendment guarantees due process and equal protection under the law.
The case has been cited in numerous subsequent cases to support the principle of selective incorporation and the application of the First Amendment’s protection of free speech to state governments.
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This glossary post was last updated: 17th April 2024.
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